Prohibitions on Firearm Access
Cal. PEN § 29825
California Statutes
(
a) A person who purchases or receives, or attempts to purchase or receive, a firearm knowing that the person is prohibited from doing so in any jurisdiction by a temporary restraining order or injunction issued pursuant to
Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, a protective order as defined in
Section of the Family Code, a protective order issued pursuant to
Section 136.2, subdivision (
j) of
Section 273.5, subdivision (
l) of
Section 368, subdivision (
k) of
Section 646.9,
Section 646.91, or paragraph (2) of subdivision (
a) of
Section 1203.097 of this code, a protective order issued pursuant to
Section 15657.03 of the Welfare and Institutions Code, or by a valid order issued by an out-of-state jurisdiction that is similar or equivalent to a temporary restraining order, injunction, or protective order specified in this subdivision, that includes a prohibition from owning or possessing a firearm, is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. (
b) A person who owns or possesses a firearm knowing that the person is prohibited from doing so in any jurisdiction by a temporary restraining order or injunction issued pursuant to
Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, a protective order as defined in
Section of the Family Code, a protective order issued pursuant to
Section 136.2, subdivision (
j) of
Section 273.5, subdivision (
l) of
Section 368, subdivision (
k) of
Section 646.9,
Section 646.91, or paragraph (2) of subdivision (
a) of
Section 1203.097 of this code, a protective order issued pursuant to
Section 15657.03 of the Welfare and Institutions Code, or by a valid order issued by an out-of-state jurisdiction that is similar or equivalent to a temporary restraining order, injunction, or protective order specified in this subdivision, that includes a prohibition from owning or possessing a firearm, is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. (
c) If probation is granted upon conviction of a violation of this section, the court shall impose probation consistent with
Section 1203.097. (
d) The Judicial Council shall provide notice on all protective orders issued within the state that the respondent is prohibited from owning, possessing, purchasing, receiving, or attempting to purchase or receive a firearm while the protective order is in effect. The order shall also state that a firearm owned or possessed by the person shall be relinquished to the local law enforcement agency for that jurisdiction, sold to a licensed firearms dealer, or transferred to a licensed firearms dealer pursuant to
Section for the duration of the period that the protective order is in effect, and that proof of surrender or sale shall be filed within a specified time of receipt of the order. The order shall state the penalties for a violation of the prohibition. The order shall also state on its face the expiration date for relinquishment.